A military appeals court has rejected Defense Secretary Lloyd Austin’s bid to nullify plea deals for Khalid Sheikh Mohammed and two other defendants linked to the September 11, 2001, attacks, according to a U.S. official speaking on condition of anonymity.
Plea Deals Back on Track for 9/11 Defendants
The decision reinstates plea agreements that would allow Mohammed, the alleged mastermind behind the attacks, and two co-defendants, Walid bin Attash and Mustafa al-Hawsawi, to plead guilty in exchange for life sentences instead of facing the death penalty. The attacks by al-Qaida killed nearly 3,000 people, marking one of the deadliest days in U.S. history.
Background on the Plea Agreements
The plea agreements, finalized after two years of negotiations, were seen as a potential resolution to a complex case that has been mired in legal challenges for over a decade. Pretrial hearings at the Guantanamo Bay military commission have repeatedly been delayed, partly due to questions surrounding the defendants’ torture while in CIA custody and the admissibility of evidence obtained during that time.
Austin’s Attempt to Overrule the Plea Deals
Shortly after the plea deals were announced last summer, Austin issued an order nullifying them, citing the gravity of the 9/11 attacks and asserting his authority as defense secretary to make such decisions. Defense lawyers argued that Austin’s move was an unlawful interference in a decision already approved by the Guantanamo court’s highest authority.
Air Force Col. Matthew McCall, the military judge presiding over the case, ruled that Austin lacked the legal standing to cancel the plea bargains. This prompted the Defense Department to appeal, leading to Monday’s ruling by the military appeals court.
Next Steps for the Pentagon
Austin now has the option to escalate the case to the U.S. Court of Appeals for the District of Columbia Circuit. The Pentagon has not yet commented on the ruling.
Guantanamo Updates: Repatriation of Long-Held Detainee
In a related development, the Pentagon announced the repatriation of Ridah bin Saleh al-Yazidi, one of the longest-held detainees at Guantanamo Bay. Al-Yazidi, a Tunisian man detained since 2002, was approved for transfer over a decade ago. His return to Tunisia reduces the number of detainees at Guantanamo to 26, down from a peak of about 700.
Efforts to Reduce Guantanamo’s Population
Of the remaining detainees, seven — including Mohammed and his co-defendants — are involved in active legal cases, while 14 others await transfer to other countries after being cleared as no longer posing security risks. Two detainees have been convicted and sentenced by the military commission.
The Biden administration has accelerated efforts to reduce Guantanamo’s population, transferring three detainees earlier this month and continuing to work with foreign governments to identify stable countries willing to receive cleared detainees.
